75-3-406. Formal testacy proceedings -- Contested cases -- Testimony of attesting
witnesses.
(1) If evidence concerning execution of an attested will which is not self-proved is
necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the
state, competent, and able to testify, is required. Due execution of an attested or unattested will
may be proved by other evidence.
(2) If the will is self-proved, compliance with signature requirements for execution is
conclusively presumed and other requirements of execution are presumed subject to rebuttal
without the testimony of any witness upon filing the will and the acknowledgment and affidavits
annexed or attached thereto, unless there is proof of fraud or forgery affecting the
acknowledgment or affidavit.
Enacted by Chapter 150, 1975 General Session
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Last revised: Thursday, May 28, 2009